Tag: Domestic Violence

When Domestic Violence Impacts Property Division: A Landmark New York Divorce Decision

A recent New York decision marks a significant, and in many ways historic, victory for domestic violence advocates and survivors navigating divorce. The case is N.S. v T.S., out of Nassau County Supreme Court (Dec. 2025). The court made clear that abuse within a marriage, including the transmission of sexually transmitted infections (STIs), can carry serious financial consequences under New York’s Equitable Distribution law, the statute that governs how marital property is divided. That statute was amended in 2020 to expressly include domestic violence as a factor courts may consider when distributing marital assets. This case shows just how powerful that amendment can be.

A desk with financial documents, two calculators, a notebook, a pen, and a small plant, all bathed in natural light.

The Remedy Is What Makes This Historic

The headline is not just the finding, it’s the result. The court awarded the wife 100% of the marital estate based on the domestic violence she endured. While the wife testified to additional acts of physical abuse, the court’s recognition that the husband’s transmission of STIs constituted domestic violence under the amended Equitable Distribution statute is particularly notable. The decision makes clear that intimate partner abuse, especially conduct with lasting medical consequences, is not economically neutral in divorce.

Continue reading “When Domestic Violence Impacts Property Division: A Landmark New York Divorce Decision” →

NYC Update: What Court Cases Will Be Heard Through April 19, 2020

Here’s a quick update on the order issued by the Court Administration.

“In sickness and in health,” but not in Quarantine: why COVID-19 may trigger divorce rate spike

The Dow has dropped, but divorce rates may spike as the coronavirus leads more couples into work-from-home solutions in close quarters that can lead to increased marital disputes.

Upset couple ignoring each other on sofa
That extra time together could spell disaster to some relationships.

With the news of companies moving to keep workers on voluntary quarantine — working from home where possible — and various state responses to the pandemic, couples already in a fractious relationship may now find themselves stuck at home together. Being stuck in close quarters is generally positive for most couples, but those who are already having relationship problems may find themselves pushed over the edge.

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New York Outlaws “Revenge Porn”

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In an amazing move to support victims of “Revenge Porn” — the sharing or posting of naked or sexually suggestive photos or videos — the State legislature approved a bill outlawing the same.

“As a divorce and family law attorney, I know first hand how difficult these situations can be, and having this additional tool will be tremendous for my clients,” said Morghan Richardson, a partner at Davidoff Hutcher & Citron LLP in Manhattan.

“This bill is a triumph for victims who have been unable to get law-enforcement or the courts to act to provide protection and recourse to have the revenge-porn removed from websites.”

Here is the quick run-down on what you need to know:  Continue reading “New York Outlaws “Revenge Porn”” →